Gaskill v. Montague

District Court of Appeal of Florida

Gaskill v. Montague

128 So. 2d 420, 1961 Fla. App. LEXIS 3027

CourtDistrict Court of Appeal of Florida

DecidedApril 6, 1961

DocketNo. 60-521

StatusPublished

Cited by8 cases

This text of 128 So. 2d 420 (Gaskill v. Montague) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaskill v. Montague, 128 So. 2d 420, 1961 Fla. App. LEXIS 3027 (Fla. Ct. App. 1961).

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Opinion

'PER CURIAM.

In this action for damages for personal injuries a jury verdict rendered for the defendant was set aside and plaintiffs’ motion for new trial was granted. No grounds were stated in the order, as they are required to be by § 59.07(4), Fla.Stat., F.S.A., and rule 2.6(d), F.R.C.P., 31 F.S.A. Defendant’s appeal assigned as error the failure of the order granting new trial to state any grounds therefor. See Booker v. Saunders Realty Co., Fla.1951, 53 So.2d 912; Ebersole v. Tepperman, Fla.1953, 65 So.2d 564; Means v. Douglas, Fla.App. 1959, 110 So.2d 88; Fulton v. Poston Bridge & Iron, Inc., Fla.App.1960, 122 So.2d 240.

The order appealed from is reversed, and the cause is remanded with directions, as provided for in said § 59.04, id., “that final judgment be entered in the trial court for the party obtaining the verdict, unless motion in arrest of judgment or for judgment non obstante veredicto be made and prevail.”

Reversed and remanded.

HORTON, C. J., CARROLL, CHAS., J., and SMITH, D. R., Associate Judge, concur.

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'PER CURIAM.

In this action for damages for personal injuries a jury verdict rendered for the defendant was set aside and plaintiffs’ motion for new trial was granted. No grounds were stated in the order, as they are required to be by § 59.07(4), Fla.Stat., F.S.A., and rule 2.6(d), F.R.C.P., 31 F.S.A. Defendant’s appeal assigned as error the failure of the order granting new trial to state any grounds therefor. See Booker v. Saunders Realty Co., Fla.1951, 53 So.2d 912; Ebersole v. Tepperman, Fla.1953, 65 So.2d 564; Means v. Douglas, Fla.App. 1959, 110 So.2d 88; Fulton v. Poston Bridge & Iron, Inc., Fla.App.1960, 122 So.2d 240.

The order appealed from is reversed, and the cause is remanded with directions, as provided for in said § 59.04, id., “that final judgment be entered in the trial court for the party obtaining the verdict, unless motion in arrest of judgment or for judgment non obstante veredicto be made and prevail.”

Reversed and remanded.

HORTON, C. J., CARROLL, CHAS., J., and SMITH, D. R., Associate Judge, concur.

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128 So. 2d 420, 1961 Fla. App. LEXIS 3027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskill-v-montague-fladistctapp-1961.

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